The Third Court of Appeals wrote this sentence in an opinion today:

"Although it might be true that all BB guns are capable of causing serious bodily injury whenever they are pointed at someone, this is not the kind of general knowledge that we would expect all jurors to know through common experience."

Do you agree or disagree? And what evidence would you offer the appellate court to prove it was common knowledge. (I'm betting this is such common knowledge that you don't even need a hint.)

For the opinion, click here.

State's Exhibit 1

https://www.youtube.com/watch?v=YleZvTSDC6s

We have had good luck pointing out the warning stamped on many BB guns "Warning: may cause death or serious injury."

Anyone who has ever watched A Christmas Story should know this, and given the nonstop marathon of it every Christmas, that should definitely be considered common knowledge!

Next they'll tell us it cannot be judicially noticed that if someone crosses their eyes and then gets slapped on the back of the head, their eyes will stay permanently crossed. Or that running with scissors is bad. June Cleaver would be ashamed.